08.k. Electronic CommunicationsMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY
SUBJECT: CONSIDERATION OF RESOLUTION ESTABLISHING A POLICY
REGARDING ELECTRONIC COMMUNICATIONS DURING
MEETINGS
DATE: AUGUST 14,2012
RECOMMENDATION:
It is recommended the City Council adopt a Resolution establishing a policy
regarding electronic communications during meetings.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
'There is no anticipated financial or personnel impact to the City as a result of the
proposed action.
BACKGROUND:
At its May 8" meeting, the Council approved implementation of a Paperless Agenda
Program through the use of electronic devices (i.e., iPads) to significantly streamline
the City Council Agenda preparation process, improve delivery of services, eliminate
paper, printiug costs, and staff time associated with copying and distributing paper
agenda packets.
ANALYSIS OF ISSUES:
The Paperless Agenda Program has been implemented and electronic devices are
being used for retrieving, reviewing, and annotating the City Council Agenda. With
the use of electronic devices during meetings, there is a need to establish a policy to
ensure and demonstrate that use of City electronic devices and media complies with
applicable law, particularly the Public Records Act and the Ralph M. Brown Act
("Brown Act"). Upon adoption of the policy regarding electronic communications
during meetings, it will be incorporated in the City Council Operations Manual and will
also be made available for public review. The policy was drafted by legal counsel and
Legislative and Information Services staff based upon research of policies
established by other jurisdictions.
Item 8.k. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTION ESTABLISHING A POLICY REGARDING
ELECTRONIC COMMUNICATIONS
AUGUST 14,2012
PAGE 2
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt a Resolution establishing a policy regarding electronic communications
during meetings;
2. Modify and adopt the Resolution;
3. Do not adopt the Resolution; or
4. Provide staff other direction.
ADVANTAGES:
The policy will ensure that use of City electronic devices and media complies with
applicable City policies and State law, including the Public Records Act and the
Ralph M. Brown Act ("Brown Act").
DISADVANTAGES:
'There are no disadvantages identified with adopting the proposed policy.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, August 9, 2012 and on the
City's website on Friday, August 12, 2012.
Item 8.k. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY
OF ARROYO GRANDE ESTABLISHING A POLICY
REGARDING ELECTRONIC COMMUNICATIONS DURING
MEETINGS
WHEREAS, in an effort to utilize technology that helps City Council processes be more
efficient and to achieve cost savings, a Paperless Agenda Program has been developed
so that Council Members receive their packets electronically; and
WHEREAS, the Paperless Agenda Program and the use of electronic devices during
meetings has implications under the Ralph M. Brown Act ("Brown Act") and the Public
Records Act, especially as it relates to the ability of Council Members to send and
receive communications during meetings; and
WHEREAS, use of electronic devices during meetings also has the potential of creating
an appearance that officials are not attentive or are engaged in communication that the
public is not privy to regarding items on the agenda, which can be problematic during
adjudicative proceedings in relation to the rights of parties to due process; and
WHEREAS, there is a need to balance the promotion of utilizing technology to ensure
the efficient and effective conduct of the people's business and the environmental
impacts of printed copies of agenda material, with the need to promote transparency
and full compliance with the Public Records Act and the Brown Act; and
WHEREAS, the City Council has determined that adoption of a clear policy on the use of
electronic communications during meetings is necessary and desirable.
NOW, THEREFORE, THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE DOES
HEREBY RESOLVE AS FOLLOWS:
1. A policy entitled "Electronic Communications During Meetings" is hereby
established as set forth in Exhibit A attached hereto and incorporated herein by this
reference.
2. The City Manager is hereby authorized and directed to incorporate said policy in
the City Council Operations Manual and to post copies of the policy in suitable
places for public review.
On motion by Council Member , seconded by Council Member I
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of August 201 2.
Item 8.k. - Page 3
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
AlTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.k. - Page 4
RESOLUTION NO.
PAGE 3
EXHIBIT A
ELECTRONIC COMMUNICATIONS DURING MEETINGS
The following policy shall define electronic communications and establish guidelines
and procedures regarding electronic communications d~~ring public meetings.
1. Electronic Communications shall mean electronic text or documents and
attachments distributed via e-mails, websites, instant messaging, text messages,
Twitter or comparable services.
2. All Council Members are assigned a City email address to be used for e-
communication on City business. When using e-communication, Council
Members should communicate with the public and staff solely via their
designated City e-communication address. Use of personal or other business
email accounts for any communication pertaining to City business is
discouraged.
3. Electronic devices that are issued by the City to Council Members for use of
storing agenda materials and accessing agenda materials during City Council
meetings shall be the property of the City and returned to the City when a
Council Member is no longer serving in his or her elected capacity. Agenda
packets will be distributed through the City's Paperless Agenda Program so that
Council Members receive their agenda packets electronically. Council Members
may access agendas and related documents using City issued iPads or other
electronic devices (including, but not limited to personal electronic devices,
computers and smart phones).
3. City Council Members shall not use electronic devices or electronic
communications at any time during a meeting of the City Council at which he or
she is in attendance to access the internet or to receive or send emails, text
messages or other communications.
4. The limitations on use of electronic devices and electronic communications
during meetings contained herein shall not apply to the receipt of telephone calls
or text messages from family members in the event of an urgent family matter. A
Council Member wishing to respond to such a message during a meeting shall
do so during a recess or shall excuse him or herself from the meeting to place
the return call or text in a manner that does not disrupt the meeting.
Item 8.k. - Page 5
THIS PAGE INTENTIO NALLY LEFT BLANK
Item 8.k. - Page 6